Terms and Conditions of
Květiny Expres s.r.o.
with its registered office at Švecova 2383/2, 149 00, Prague
identification number: 24284190
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 192828
for the sale of goods through the online store located at www.kvetinyexpres.cz
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter the "terms and conditions") of the business company Květiny Expres s.r.o., with its registered office at Švecova 2383/2, 149 00, Prague, identification number: 24284190, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 192828 (hereinafter the "seller") govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the "purchase contract") concluded between the seller and another natural person (hereinafter the "buyer") through the seller’s online store. The online store is operated by the seller on the website located at the internet address www.kvetinyexpres.cz (hereinafter the "website"), through the website interface (hereinafter the "store’s web interface").
1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting, when ordering goods, within the scope of their business activity or within the scope of their independent exercise of a profession.
1.3. Provisions deviating from the terms and conditions may be agreed upon in the purchase contract. Deviating arrangements in the purchase contract shall take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
2. USER ACCOUNT
2.1. On the basis of the buyer’s registration made on the website, the buyer may access their user interface. From their user interface, the buyer may order goods (hereinafter the "user account"). If the store’s web interface allows it, the buyer may also order goods without registration directly from the store’s web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all information correctly and truthfully. The buyer is obliged to update the information stated in the user account whenever it changes. The information provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4. The buyer is not entitled to allow the user account to be used by third parties.
2.5. The seller may cancel the user account, in particular if the buyer does not use their user account for more than 3 years, or if the buyer breaches their obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. Any presentation of goods placed in the store’s web interface is of an informative nature and the seller is not obliged to conclude a purchase contract regarding such goods. The provision of Section 1732(2) of the Civil Code shall not apply.
3.2. The store’s web interface contains information about the goods, including the prices of individual goods and the costs of returning the goods if, by their nature, the goods cannot be returned by the usual postal route. The prices of the goods are stated including value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the store’s web interface. This provision does not limit the seller’s ability to conclude a purchase contract under individually negotiated terms.
3.3. The store’s web interface also contains information about the costs associated with the packaging and delivery of goods. The information about the costs associated with the packaging and delivery of goods stated in the store’s web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the store’s web interface. The order form contains in particular information about:
3.4.1. the ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the store’s web interface),
3.4.2. the method of paying the purchase price of the goods, information about the required method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter jointly the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order, including with regard to the buyer’s ability to identify and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking the "send order" button. The data stated in the order is considered correct by the seller. Immediately upon receipt of the order, the seller shall confirm such receipt to the buyer by electronic mail, to the buyer’s electronic mail address stated in the user account or in the order (hereinafter the "buyer’s electronic address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, to the buyer’s electronic mail address.
3.8. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer themselves, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of goods under the purchase contract in the following ways:
- in cash at the seller’s premises at the address za Strašnickou vozovnou 2523/7, 100 00, Prague.
- in cash on delivery (cash on delivery) at the place specified by the buyer in the order;
- by bank transfer to the seller’s account No. 2318884036/5500, held with Raiffeisenbank a.s. (hereinafter the "seller’s account");
- by cashless payment through the PAYU payment system;
- by cashless payment card;
- through credit provided by a third party.
4.2. Together with the purchase price, the buyer is obliged to pay the seller also the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall hereinafter also include the costs associated with the delivery of the goods.
4.3. The seller does not require the buyer to pay a deposit or other similar payment. This does not affect the provision of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash on delivery payment, the purchase price is due upon receipt of the goods.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with stating the variable symbol of the payment. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.
4.6. The seller is entitled, particularly in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to request payment of the full purchase price before the goods are sent to the buyer. The provision of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with one another.
4.8. If customary in business dealings or if required by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The seller shall issue the tax document – invoice to the buyer after payment of the price of the goods and shall send it in electronic form to the buyer’s electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the buyer’s wishes or for their person, from a purchase contract for the supply of goods that are subject to rapid spoilage, as well as goods that have, after delivery, been irretrievably mixed with other goods, from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or a computer program, if the consumer has damaged their original packaging.
5.2. If it is not a case referred to in Article 5.1 of the terms and conditions, or another case in which it is not possible to withdraw from the purchase contract, the buyer has the right, in accordance with the provisions of Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of taking delivery of the goods, whereby if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of taking delivery of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period specified in the preceding sentence.
5.3. In the event of withdrawal from the purchase contract under Article 5.2 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods, due to their nature, cannot be returned by the usual postal route.
5.4. In the event of withdrawal from the purchase contract under Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase contract, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer, or in another manner, if the buyer agrees to it and no additional costs are incurred by the buyer as a result. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer has returned the goods or proven that the goods have been sent to the seller.
5.5. The seller is entitled to unilaterally offset a claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
5.6. In cases where the buyer has the right, in accordance with the provisions of Section 1829(1) of the Civil Code, to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the buyer has taken delivery of the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by cashless transfer to an account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a condition subsequent, such that if the buyer withdraws from the purchase contract, the gift agreement regarding such gift ceases to be effective and the buyer is obliged to return the gift provided together with the goods to the seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed upon at the buyer’s special request, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
6.3. If, for reasons on the buyer’s part, it is necessary to deliver the goods repeatedly or by a method other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with another method of delivery.
6.4. Upon taking delivery of the goods from the carrier, the buyer is obliged to check that the packaging of the goods is intact and, in the event of any defects, to notify the carrier immediately. If a breach of the packaging indicating unauthorized entry into the shipment is found, the buyer need not accept the shipment from the carrier.
6.5. Other rights and obligations of the parties during the transport of goods may be governed by the seller’s special delivery terms, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller warrants to the buyer that the goods are free of defects upon receipt. In particular, the seller warrants to the buyer that, at the time the buyer took delivery of the goods:
7.2.1. the goods have the characteristics agreed upon by the parties, and, in the absence of such an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use, or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality or workmanship was determined according to an agreed sample or model,
7.2.4. the goods are in the corresponding quantity, measure, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions set out in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their usual use, to used goods in respect of a defect corresponding to the degree of use or wear which the goods had when taken over by the buyer, or if this follows from the nature of the goods.
7.4. If a defect in the flowers becomes apparent within three days of receipt, the goods are deemed to have been defective already upon receipt. The buyer is entitled to exercise a right from a defect that occurs in consumer goods within twelve months of receipt.
7.5. The buyer shall exercise rights from defective performance with the seller at the address of the seller’s premises where acceptance of the claim is possible with regard to the range of goods sold, or possibly also at the seller’s registered office or place of business.
7.6. We reserve the right to replace the goods listed in the catalogue with goods of similar appearance, type, color and of the same or higher quality, so as to achieve the greatest possible similarity.
7.7. Other rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller’s complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2. The seller is not bound, in relation to the buyer, by any codes of conduct within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address https://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.
8.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8.5. The seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out within its competence by the relevant trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, within a defined scope, among other things, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.6. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The seller fulfils its information obligation towards the buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the "GDPR Regulation") related to the processing of the buyer’s personal data for the purposes of performing the purchase contract, for the purposes of negotiating this contract, and for the purposes of fulfilling the seller’s public-law obligations, by means of a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the buyer’s electronic address, and further agrees to the sending of commercial communications by the seller to the buyer’s electronic address. The seller fulfils its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer’s personal data for the purposes of sending commercial communications by means of a separate document.
10.2. The buyer agrees to the storage of so-called cookies on their computer. If the purchase on the website can be made and the seller’s obligations under the purchase contract fulfilled without the storage of so-called cookies on the buyer’s computer, the buyer may withdraw the consent under the preceding sentence at any time.
11. DELIVERY
11.1. Delivery to the buyer may be made to the buyer’s electronic address.
12. SENDING OF THE VERIFIED BY CUSTOMERS QUESTIONNAIRE
We ascertain your satisfaction with your purchase through email questionnaires within the Verified by Customers program, in which our e-shop participates. We send these to you every time you make a purchase with us, unless you refuse to receive them within the meaning of Section 7(3) of Act No. 480/2004 Coll., on Certain Information Society Services. We process personal data for the purpose of sending questionnaires within the Verified by Customers program on the basis of our legitimate interest, which consists in ascertaining your satisfaction with your purchase from us. For sending questionnaires, evaluating your feedback and analyses of our market position, we use a processor, which is the operator of the Heureka.cz portal; for these purposes we may provide it with information about the goods purchased and your email address. Your personal data is not provided to any third party for its own purposes when sending the email questionnaires. You may at any time object to the sending of email questionnaires within the Verified by Customers program by declining further questionnaires using the link in the questionnaire email. In the event of your objection, we will not send you the questionnaire further.
13. FINAL PROVISIONS
13.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law under the preceding sentence does not deprive the buyer, who is a consumer, of the protection afforded to them by provisions of the legal order from which it is not possible to derogate by agreement, and which would otherwise apply in the absence of a choice of law pursuant to the provisions of Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
13.2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to that of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
13.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
13.4. A sample form for withdrawal from the purchase contract forms an annex to the terms and conditions.
13.5. Seller’s contact details: delivery address Květiny Expres s.r.o., Za Strašnickou vozovnou 2523/7, Prague 10, Strašnice, email address info@kvetinyexpres.cz, telephone +420 605 295 636.
